Archive for October 2016

The Consultation Paper, Transforming our Justice System, has little to say on further reforms to the Family Justice system.

It has been undergoing radical change over the last few years, following publication of the report by David Norgrove and the creation of the single family court. The Government clearly wants work in progress to continue.

Progress with these reforms is kept under active review by the President of the Family Division, Sir James Munby, who now issues regular newsletters on developments – the latest is the subject of a separate blog item.

The Consultation Paper, Transforming our Justice System also has important proposals to make about the tribunals system, though – because the creation of the Tribunals Service in 2007 has already led to considerable structural change – changes to tribunals will be less marked than to the the criminal and civil justice systems.

The Paper states that in line with their principles of a just, proportionate and accessible system, the Government is planning on the following:

i. Streamlining procedures and encouraging a balanced approach: We are

working to simplify our procedures and put entire services online where

possible, carefully designed to be intuitive and easy to follow. Many relatively

straightforward tribunal decisions do not require full physical hearings, so where

appropriate, judges will be making decisions based on written representations,

hearings will be held over telephone or video conference and specially trained

case officers will help cases progress through the system. All of these changes

will make the process quicker and easier to deal with for all parties involved in a

case.

ii. Digitising the Social Security and Child Support Tribunal: This will be one of the

first services to be moved entirely online, with an end-to-end digital process that

The Consultation Paper Transforming our Justice System sets out proposals for reform of the civil justice system that build on work undertaken earlier in 2016 by the Civil Justice Council, JUSTICE and Lord Justice Briggs – all of which have been noted in this blog.

The principal features of what is now proposed are:

i. Introducing a new online process for resolving claims: In line with plans across all jurisdictions, we will move more cases away from physical court rooms. Building on Lord Justice Briggs’ proposals in his Civil Court Structures Review we will create a new process to resolve many disputes entirely online, using innovative technology and specialist case officers to progress routine cases through the system and reserving judicial time for the most complex cases. We will create a new, streamlined Rules Committee to design this new system and keep the processes simple. When hearings are required, they may be held over thetelephone or video conference, focusing court resources on the most complex and difficult cases. This will mean that cases should reach a quicker resolution.

ii. Encouraging parties to resolve disputes themselves where possible: We will

increase signposting to mediation and alternative dispute resolution services to

help people avoid court for minor disputes that would be better handled privately,

summary, non-imprisonable offences with no identifiable victim, we propose to

introduce a system which resolves cases entirely online. Defendants would log

on to an online system to see the evidence against them before entering a

plea. If they plead guilty, they can opt in to (and can always opt out of) the

online system which allows them to view the penalty, accept the conviction

and penalty, and pay their fine. Cases would be resolved immediately and

entirely online, without the involvement of a magistrate.

Many of these proposals build on initiatives already started. However, the suggestion for more problem solving courts is potentially quite innovative and could lead to significant change to the ways in which the criminal courts have historically operated.

iii. Digitising applications for Lasting Powers of Attorney: Allowing people to make

arrangements for a time in the future when they may not be able to make

decisions by themselves is a helpful but often emotionally stressful process.

Applications have been partially digitised since 2014, resulting in fewer application

forms being returned because of errors. We will build on this by making the system

fully digital to deliver a quicker service.

Across the board, the Government wants to simplify forms and make processes more

straightforward so they are easier for everyone to understand. Many of these changes are designed to bring the justice system up to date for the modern world and take advantage of advances in technology to provide a faster,more accessible service for users of the courts and tribunals.

It is important, however, any unintended effects of this technology are taken into account to make sure that the system remains just. Thus the Government intends to:

i. Provide a system that works for everyone: Digital and online processes are easy

and efficient for many people, but the justice system must also work for people

who do not or cannot access services online. We must provide an alternative route

of access for every service that moves online. ..

ii. Continue to ensure open justice: It is a core principle of our justice system that

justice is open. “It is not merely of some importance, but of fundamental

importance that justice should not only be done, but should be manifestly and

undoubtedly seen to be done,” as Lord Chief Justice Hewart said in 1924. The

principle of open justice will be upheld and the public will still be able to see and

hear real-time hearings, whilst we continue to protect the privacy of the vulnerable.

Most of these changes build on initiatives that are already underway. What is important about this new Consultation Paper is that it is being jointly promoted by the Lord Chancellor, the Lord Chief Justice and the Senior President of Tribunals.

I set out in separate blog items the sections of the Paper on each of the different parts of the justice system.